Mower County transcript. [volume] (Lansing, Minn.) 1868-1915, 1887-09-07
JUDGE WILSON'S REPLY
House File No. l 81 the Subject Of
5@ Al ~, Another Letter Il

and TO the point and will repay reading. 81
no the editor OF the Globe. 3.,
= AS 1t may be assumed that the answers and
crittcisms OF the article written BY me-, pub
Ldeem 1t proper to add something BY way OF
reply. 1t was in that article charged hat,
when q year ago proceedings to tax the mort.
such point that farther successful resist
ence seemed impossible, such proceedings
were dtsmissed-the attorney general las
inH it. This claimed to have been wrong
and prejudioial to the state The other Side
contend that this charge was unjust. Gen:
answered. not only tor the Construction com.
pany, but for all others who claimed to have
been aggrieved, saws that no one was to blame.
He even 59sstties the act, and he states bis
When the supreme court made its decision
conveyance, which made the lands taxable In
TIE e' district court Of Ramsey COUNTY IN ths
suit to tax the mortgage, and asked tor 3udg-
ment on the ground that that decision estab
soiute conveyance. making the lands them.
selves taxable. The attorney general was not
present, but was represented by Mr.. Mum.
But tho court held that as the supreme court
had decided that there was no mortgage, none
could be taxed, and rendered judgment for
the Construction company, in whose name the
mortgage had been taxed.
ADMITTED FACTS.
Before attempting to analyze this justiaca-
ton and answer, let US advert to y few ad-
mitted facts. The suit which the Construc-
ton company had brought to enjoin the taxa
ton of the land had not been decided, but
was stil pending. Judge Young had decided
1t in favor of the Construction company. and
an appeal having been taken from his order
court reversed that order and sent the case
back for q new trial. And Gen. Cole and his
client claimed that II it should ultimately be
state an appeal lay, and would be taken to the
Supreme Court OF the United States. In view
| of these facts let US look at Gen. Coles de-
taxation Of the mortgage, the Construction
company claimed that the Judgment OF our
| supreme court established the fact that the
and for the purpose Of preventing the taxa.
| ton of the lands, it claimed that they were
not taxable, and that the judgment did not
that tact It went to the district
got judgment preventing the taxation Of the
mortgage. on the ground that 1t was settled
taxes on the land, on the ground that this was
not settled. Gov. McGill says that one reason
for the passage OF the law list winter was t6st
was to be beard again. In fine. according to
Gen. Coles statement. whenever the position
that the lands were taxable would benefit the
was accepted as true. Whenever it would
benefit the state or injure the Construction
company, it was held untrue.
THE JUDGMENT.
It is to be remembered that the judgmen,
he asked for and got in the district court Of
ever established the fact that the mortgage
should not be taxed. The judgment having
II
, il in the suit to eDjOin the taxation OF the
!, land he succeeded. rs he claimed he would
either in the new trial which was ordered In
the state court, or on the appeal which he
proposed to take IL necessary to the Supreme
} Court of the United States. the result would
have been that neither the land nor the mort
gage could have been taxed: The Construc
tion company. Notwithstanding our constitu'
ton and law to the contrary, would have thus
become exempt from the payment Of the tai
''heads win, tails you LOSE the rights of the
!, state were sacrificed and the Construction
company releved from the payment of any
Taking for granted what he says, the fact IL
. established that by eQuiyocati0n and double
dealing a company Of selfish, conscienceiess
} sum of money. To attempt to belittle such u
wrong or to sheer at its exposure Is merely te
insult the people and to encourage others t
everything charged as to this, and more. has
been proven, There Is not the least reason tt
doubt the substantial truth of the statement
r..
of Ramsey county. He informed me that thu
proceedings to tax the mortgage had been dis
missed. manifested much surprise that sucl
thing should have been done: He answered
consented to and advised It.. This converse
ton was in the presence Of Mr.. Mum. cal
see very readily e bow mr., M; ERan and Mr. Mum
INTO THE TRAP.
When Gen. Cole represented. as he says hi
did. that judgment Of our supreme cour,
established the fact that the lands were mad.
3 taxable, they of course must have understood
They were not with the attorney general II
the suit to eDjoin the taxation OF the land, ant
did not know its status as he did. Therefore
ton could be led to give such assent, but how
+ any attorney knowing the situation and de
string to protect the interests OF the state ant
make tns pay It's conlt
| understand. And how the honorable ATTORNEY
Z of the Construction company could have
" made such representations and taken sucl
8 actions, l do not pretend to explain. No ont
j reading Gen. Coles statement by the light o.
the admitted facts can doubt but that on.
y object at least In securing the judgment II
the district court OF Ramsey county declaring
the mortgage not taxable was to enable thu
Construction company, unembarrassed, t
proceed with it's efforts and the suit to pre-
insult to the district court Of Ramsey county
to suppose that 1t rendered that Judgment
with knowledge of the real situation. Il
: manifesty and unQuestiOnably was rendered
by consent Of the attorneys as stated to mt
by County Attorney Egan. II such judg
ment had been rendered against the consent
OF any Intelligent attorney looking to the in
/ rerest of the state, and knowing that at tha
time suit was pending brought by the Con
+ structfOn company to enjOin the taxation O.
the lands, he would have appealed from it
-, They say the
TAX IS TOO HIGH.
But, rs it Is not pretended they that eve
went before the proper officers tn have It GU
down, 1t ts to be presumed that that claim II
baseless. Their theory was not to euualize
but to entirely defeat the tax. Of course
! they did not wish to pay either tax or penal
. ties. 1t Is not to be expected that q company
that had with such marked SUCCESS for aboul
, seventeen years, by one disreputabIe tricl
| and scheme or another, got rid Of the pay
ment of any tax would take kindly to the en-
forced payment Of its equal share, muct
less to the payment of any penalties for its
i, fraudulent delinquency. but no one but III
advocates and organs will, think, agree that
it should not be subject to the same law which
: alike applies to- and ts enforced against
every citizen or resident Of the state, poo,
and rich. The fact thatit had 90 long fraud
ulently evaded its just debts and burdeni
will hardly seem, to the average man. to be
reason why exceptional consid Grafton should
. | ho extended tn f.. There II M rooaOn uhx